WARE -- Saying it is owed $15,702 by the town, a construction company has sued the Board of Selectmen.

Plaintiff A.J. Virgilio Construction Inc. of Westfield said it signed a contract with the town in June 2015, and has completed the work at a landfill on Sheehy Road that is closed. The project was called the "Sheehy Road Landfill Capping Project."

"The Town knows that the sum, which is project retainage, is ultimately owed to Virgilio," Ware Town Manager Stuart Beckley told The Republican. "We are working on closing out the project."

The lawsuit was filed Dec. 19 in Hampshire Superior Court in Northampton.

"The Plaintiff has made numerous requests to Defendant for payment of the retainage in the amount of $15,702.55 but to date the Defendant has failed to pay Plaintiff same," the lawsuit said.

"A.J. Virgilio Construction performed erosion control, clearing, earthwork, landscape planting and site improvements to implement Corrective Action Design to restore existing landfill cap for final landfill closure," the company says on its website. The page shows photos of the construction company's work at the site.

The Ware Board of Health sought bids on the work in 2015 and awarded the contract to Virgilio.

Selectmen are authorized to approve payments to vendors. The defendants are selectmen John Carroll, Tracy Opalinski, Nancy Talbot, Michael Fountain and Alan Whitney.